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Lifchez v. Hartigan
United States District Court for the Northern District of Illinois
735 F Supp 1361 (ND Ill, 1990), aff'd 914 F2d 260 (7th Cir 1990), cert denied sub nom Scholberg v. Lifchez, 498 US 1069 (1991)
An Illinois criminal statute made it a Class A misdemeanor to “sell or experiment upon a [human] fetus … unless such experimentation is therapeutic to the fetus.” The statute expressly excluded in vitro fertilization from its prohibition. A class of doctors specializing in reproductive endocrinology and fertility treatment led by Dr. Lifchez (plaintiffs) challenged the constitutionality of the law in a declaratory-judgment action against the Illinois Attorney General and Cook County State’s Attorney (defendants). The trial court considered the matter.
Rule of Law
Holding and Reasoning (Williams, J.)
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